Question

work release program

Forum|Forum|3 years ago
January 26, 2023
1 reply
0 views

Hi-

Can a person who was technically in prison but housed at a work release facility able to claim a child on their taxes. They were at this facility Jan 2022 though Nov 2022? This facility does allow them to send money home.

X

xmasbaby0

Employee

Who did the child live with? The person the child lived with is the custodial parent. The custodial parent is the one who can claim the child.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

L

llaguinsAuthor

Technically, me the mother but his dad and I were married for 13years and the work release program was 2 miles away from the house and he was able to come home every week end and could send up to 1k home monthly. so he did provide. we have 2 other kids that I can claim. The child in question is the one that he claimed in the past. -- the work release program is just throwing us for a loop.

X

xmasbaby0

Employee

Well....child support is not the criteria to determine who can claim the child, since child support is not entered on a tax return. The IRS goes by physical custody --- and you were the custodial parent. If you want to sign a form 8332 for the dad, he can claim the child for child tax credit only. You would still get EIC and childcare credit for the child.

Are you the custodial parent? Do you have an agreement with the other parent to allow the other parent to claim them--due to divorce or that you live apart and share custody? Did one of you sign a Form 8332?

If there is a signed 8332 then the custodial parent retains the right to file as Head of Household, get earned income credit and the childcare credit. The non-custodial parent gets the child tax credit for children under the age of 18.

As far as the IRS is concerned, the custodial parent is the one with whom the child spent the most nights during the tax year--at least 183 nights.

If you are a non-married couple who live together then only one of you can claim the child(ren) and the one not claiming the child does not enter anything at all on their tax return about the child.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**